OCEAN CTY. BD. OF COM'RS v. ATTORNEY GEN. OF N.Y.

Nos. 20-2754 & 20-2755.

8 F.4th 176 (2021)

OCEAN COUNTY BOARD OF COMMISSIONERS*; County of Ocean; Cape May County Sheriff; County of Cape May v. ATTORNEY GENERAL OF the STATE OF NEW JERSEY; State of New Jersey Office of Attorney General; Department of Law and Public Safety, Division of Criminal Justice, Ocean County Board of Commissioners*; County of Ocean, Appellants in 20-2754. Cape May County Sheriff; County of Cape May, Appellants in 20-2755 *(Amended January 29, 2021).

United States Court of Appeals, Third Circuit.

Filed: August 9, 2021.


Attorney(s) appearing for the Case

John C. Sahradnik , Mathew B. Thompson [Argued], Berry Sahradnik Kotzas & Benson, 212 Hooper Ave., P.O. Box 757, Toms River, NJ 08754, Counsel for County of Ocean, Ocean County Board of Commissioners, Appellants.

Jeffrey R. Lindsay [Argued], Cape May County Department of Law, 4 Moore Road, DN 104, Cape May Court House, NJ 08210, Michael L. Testa, Jr. , Testa Heck Testa & White P.A., 424 W. Landis Ave., Vineland, NJ 08360, Counsel for County of Cape May, Cape May County Sheriff, Appellants.

Jeremy M. Feigenbaum [Argued], Michael R. Sarno , Daniel M. Vannella , Office of Attorney General of New Jersey, Richand J. Hughes Justice Complex, 25 Market Street, Trenton, NJ 08625, Counsel for Appellees.

Lawrence J. Joseph , Suite 700-1A, 1250 Connecticut Ave., N.W., Washington, D.C. 20036, Attorney for Amicus Curiae Immigration Reform Law Institute in Support of Appellants County of Cape May, Cape May County Sheriff.

Paul J. Fishman , Arnold & Porter Kaye Scholer LLP, One Gateway Center, Suite 1025, Newark, NJ 07102, Attorney for Amicus Curiae Constitutional, Immigration, and Criminal Law Scholars in Support of Appellees.

Farrin R. Anello , American Civil Liberties Union of New Jersey Foundation, P.O. Box 32159, Newark, NJ 07102, Attorney for Amicus Curiae 47 Community Organizations in Support of Appellees.

Jamison Davies , New York City Law Department, 100 Church St., New York, NY 10007, Attorney for Amicus Curiae 13 Local Governments in Support of Appellees.

Mary B. McCord , Institute for Constitutional Advocacy and Protection, Georgetown University Law Center, 600 New Jersey Ave. NW, Washington, D.C. 20001, Attorney for Amicus Curiae Current and Former Prosecutors and Law Enforcement Leaders and Former Attorneys General and Department of Justice Officials in Support of Appellees.

Loren L. AliKhan , Office of Attorney General of District of Columbia, 400 6th St. NW, Suite 8100, Washington, D.C. 20001, Attorney for Amicus Curiae District of Columbia, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Virginia, Vermont, and Washington in Support of Appellees.

Before: AMBRO, HARDIMAN, and PHIPPS, Circuit Judges.


OPINION OF THE COURT

This appeal—which involves New Jersey's recent directive to limit the ability of state and local law enforcement officers to cooperate with federal immigration authorities —implicates important questions of federalism. Two New Jersey counties, a sheriff, and the oversight board...

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